Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022 Page: 771
717-820 p. ; 28 cm.View a full description of this periodical.
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amended rule also provides a definition for the term indepen-
dent practice, which is defined as the practice of providing pro-
fessional counseling services to a client without the supervision
of an LPC-S.
List of interested groups or associations against the rule.
American Dance Therapy Association
Christian Counselors of Texas, Inc.
Summary of comments against the rule.
Some commenters believe the quality of care that will be pro-
vided by some LPC-Associates will suffer because allowing them
to manage and learn how to run a business while also becom-
ing sound grounded clinicians will require a large learning curve.
Commenters also believe allowing an LPC-Associate to control
their notes limits a supervisor's access to them and can limit
their support. Many commenters believe that LPC-Associates
should be focused on client work and not on running a business,
therefore they believe it could cause harm to the public. Other
commenters oppose this rule change because LPC-Associates
may have graduated with degrees that do not include courses
on business, accounting, or HIPAA compliance, and therefore
lack the requisite knowledge to run a business. A commenter
believes that not all LMFT-Associates are appropriately market-
ing their services and this may happen with LPC-Associates -
which has many more licensees. Commenters opined that the
rule changes do not allow for enough oversight, that supervi-
sors will not have adequate power to meet their responsibilities
and liabilities - especially if the supervisor does not maintain and
control the client's records. Some commenters believe these
rules remove the support of a team and site manager, plac-
ing all responsibility on a supervisor, and that owning a prac-
tice or business is a privilege and not a right. A commenter be-
lieves there is not parity between LMFT-Associates and LPC-As-
sociates because the commenter opines that LMFT-Associates
have more coursework and internship requirements. Some com-
menters believe that only one hour of supervision a week for
an LPC-Associate will not be enough given these rule changes.
Commenters believe these rule changes will result in more litiga-
tion and an increase of complaints filed with the Council, as well
as an increased workload for the supervisors and possibly a de-
crease in the amount of supervisors. One commenter believes
the failure rate of LPC-Associates' businesses will cause harm
to clients. Other commenters believe LPC-Associates that own
their own business may misrepresent the fact that they are un-
der supervision so the public may be misled. A commenter sug-
gested that if an LPC-Associate feels put upon by the supervisor
then the cure for a bad supervisory relationship is for LPC-As-
sociate to freely choose another supervisor. Some commenters
believe the current system of supervision is working and they
do not see the need for change. Some commenters opined that
these rules may impact client access to lower cost counseling
services because the commenters posit that LPC-Associates will
likely charge higher rates under these new rules, and part of the
commenters' practice is having LPC-Associates with lower rates
which they believe better serves the community. Additionally,
some commenters believe this may cause there to be competi-
tion between LPC-Associates and LPC-Supervisors. One com-
menter believes the term self-employed is confusing and it sug-
gests an independent practice. Another commenter opined that
the rule change will cause public confusion regarding the distinc-
tion between LPC-Associates and supervisors, and the public
will think ownership of a business as the functional equivalent of
independent practice. Two commenters were unsure as to whowould be the direct employee in the supervision arrangement,
should there be a sharing of profits, who would be responsible for
billing and accepting payment, do insurance payors agree with
these changes, and do these changes apply to other Boards? A
commenter voiced a word of caution to supervisors, associates,
and students that if the proposed changes become law to con-
sider your choices carefully to determine what type of supervi-
sory relationship should be entered into because it will demand
and deserve a full investment of time, attention, and energy.
A commenter objected to the change to the definition for art ther-
apy because the commenter believes it undermines the training
that creative arts therapists undergo to be able to conduct their
sessions and the language presumes that any licensee is able
to participate in art therapy sessions. The commenter believes
the definition should be modeled after the definitions provided by
national associations, and asks that dance therapy be redefined
and not listed as a non-counseling related field.
List of interested groups or associations for the rule.
Texas Counseling Association
Summary of comments for the rule.
Commenters voiced their support for these rule changes, re-
lated to LPC-Associates, and opined that it will be beneficial
for LPC-Associates as well as clients. Some also believe this
rule change will open up new opportunities for rural residents
to receive quality counseling services by attracting or retaining
more licensees to those communities. Many commenters
believe these changes will create greater parity between the
other licensed mental health professions. Other commenters
believe the changes will encourage greater financial freedom
and stability for LPC-Associates, while decreasing possible
financial exploitation and allowing for additional learning experi-
ence. One commenter in support of this changes also asked if
the 3,000 hours could be reconsidered and shortened. Another
commenter in favor of the change, was concerned that supervi-
sor will have to advise LPC-Associates on business structure,
employment law, and other decisions which may be outside
of their scop of practice which could lead to future issues.
A commenter voiced support for these changes but request
some clarification to correct a possible typographic error and
require additional contact information for the supervisor to be
disclosed by the supervisee. One commenter in favor of the rule
changes also recommended changes to the LPC licensing rules
to match more closely with the LMFT licensing requirements,
to create greater parity between the LPC and LMFT associate
licenses and their requirements for full licensure. A commenter
opined that these rules changes have no foreseeable adverse
economic effect on small businesses.
Agency Response.
This agency appreciates the supportive comments, and declines
to make changes to the rule as requested except to correct a
typographical error in the proposed version of 681.91(m). The
proposed amendment to subsection (m) inadvertently struck
through the word "including" and the Council is adopting the rule
with this change to correct this typographical error.
Under these rule amendments LPC-Associates are still pro-
hibited from conducting the practice of professional counseling
without the supervision of an LPC-Supervisor. LPC-Associates
are still prohibited from representing themselves as independent
practitioners, and LPC-Associates are still required to indicate
the name of their supervisor when representing themselvesADOPTED RULES February 18, 2022 47 TexReg 771
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Texas. Secretary of State. Texas Register, Volume 47, Number 7, Pages 715-820, February 18, 2022, periodical, February 18, 2022; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1462843/m1/57/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.